My Mums finances

[Ed M]

Hi All
My mum is in the late stages of dementia and my dad wanted some financial advise. She is currently a resident in a care home and my dad still lives at home. He hasn't got power of attorney or deputyship. He is worried what will to mums finances if she sadly passes. When I say finances it is a bank account that her pension is paid in to. Any advise would be greatly appreciated.
Thanks
Ed

 

[Bod]

Does your mother have a Will?
If so then her finances will be distrubited as per the Will. If no will then the rules of Intestacy will come into play.
Pensions will stop, some private pensions may continue to pay a reduced amount to a spouse, but that needs checking with the pension company.
The house will depend on how the "Tenancy" whether "joint" or "in common" is set up(" " legal terms regarding ownership, nothing to do with paying rent to a Landlord.)

Bod

 

[Cat27]

I can’t add anything to what @Bod has said but just wanted to say welcome to TP @Ed M

 

[Shedrech]

hello @Ed M
a warm welcome from me too

I am wondering how your dad is managing your mum's finances at the moment without LPA or Deputyship, as strictly he has no legal authority to manage her affairs ... though he may have DWP appointeeship if the pension is only a state pension ... I guess the LA are dealing with her care home fees as she has no savings and very little income

 

[Ed M]

Does your mother have a Will?
If so then her finances will be distrubited as per the Will. If no will then the rules of Intestacy will come into play.
Pensions will stop, some private pensions may continue to pay a reduced amount to a spouse, but that needs checking with the pension company.
The house will depend on how the "Tenancy" whether "joint" or "in common" is set up(" " legal terms regarding ownership, nothing to do with paying rent to a Landlord.)

Bod

 

[Ed M]

Hi Bod

No will for my mum. I don't believe she is on the deeds either so that should be OK.
I will ask my dad to confirm re will.

Thanks fit for the advise

Ed

 

[Ed M]

I can’t add anything to what @Bod has said but just wanted to say welcome to TP @Ed M

Thank you Cat27

 

[Ed M]

hello @Ed M
a warm welcome from me too

I am wondering how your dad is managing your mum's finances at the moment without LPA or Deputyship, as strictly he has no legal authority to manage her affairs ... though he may have DWP appointeeship if the pension is only a state pension ... I guess the LA are dealing with her care home fees as she has no savings and very little income

Hi Shedrech

My Dad is drawing money from my mums account when she needs clothes and other necessities for the care home. I am not sure whether he is supposed to be doing this? What should he be doing, arranging deputyship?

Thanks for advise and appreciate any more information

Ed

 

[jaymor]

If your father's name is not on the account and is using her card to withdraw then that is not allowed and should stop. He needs to be legally allowed to do so. If your mother does not have capacity to grant him LPA then arranging deputyship is the way to go. If it is deputyship your father needs he can claim back the fee he has to pay from your mums account once it is granted. He should from now on pay for anything your mum needs and again once deputyship is granted claim the money back. Make sure he keeps receipts for everything he buys for her.

 

[Ed M]

If your father's name is not on the account and is using her card to withdraw then that is not allowed and should stop. He needs to be legally allowed to do so. If your mother does not have capacity to grant him LPA then arranging deputyship is the way to go. If it is deputyship your father needs he can claim back the fee he has to pay from your mums account once it is granted. He should from now on pay for anything your mum needs and again once deputyship is granted claim the money back. Make sure he keeps receipts for everything he buys for her.

Hi jaymor,

Thank you for the advise, I will get on the deputyship route straight away.